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models of criminal justice - Coggle Diagram
models of criminal justice
crime control
emphasis on rights of victims
supported by right realism
conveyor belt - focus on speed rather than human rights protection
the conviction of the innocent is allowed since the ultimate objective is the conviction of the guilty, not the protection of civil freedoms.
examples
Double jeopardy – if new and compelling evidence – allows for a second prosecution.
Right to hold suspected terrorists up to 14 days without charge.
Early guilty pleas – link to swift process.
Extended police detention is allowed for questioning 36 – 96 hours with permission of Mag
sentences/ punishments:
Custodial/Prison sentences
Electronic tags/curfew
ASBOs, now replaced with CBOs
highlights how crucial it is for the legal system to protect and benefit the general people by lowering crime.
Facilitating criminal investigations, questioning suspects, and pursuing criminals are given a lot of attention
due process
emphasis on rights of defendant
emphasis on fair trials
obstacle course - ensure human rights are followed
supported by left realism
legislation examples
PACE (1984)
The Human Rights Act (1998)
Criminal Justice Act (2003)
Equality Act (2010)
more examples:
The Police and Criminal Evidence Act 1984 – rights for suspects – the right to remain silent.
Presumption in favour of bail – innocent until proven guilty.
The right to trial by jury.
The right to appeal against conviction or sentence.
The rules on disclosure of evidence
innfluence on court procedures:
Fair trial procedures:
Jury selection/vetting
Sentencing guidelines/objective judgements
Pre-trial/review of evidence
Free legal aid/sufficient prep time